Section 10 BSA: Facts tending to enable Court to determine amount are relevant in suits for damages

Bharatiya Sakshya Adhiniyam, 2023

Section 10 BSA at a Glance

Section 10 BSA deals with facts tending to enable Court to determine amount are relevant in suits for damages. It replaced Section 12 IEA on 1 July 2024.

Was IEA

Section 12 →

Section 10 BSA Bare Act Text

10. Facts tending to enable Court to determine amount are relevant in suits for damages

In suits in which damages are claimed, any fact which will enable the Court to determine the amount of damages which ought to be awarded, is relevant.

Source: Section 10, Bharatiya Sakshya Adhiniyam, 2023

Section 10 BSA in Simple Words

Section 10 of the Bharatiya Sakshya Adhiniyam, 2023 lets a party in a suit (a civil case brought in court) place facts before the court to show how much money ought to be awarded as damages (money claimed for a loss or injury). Whenever a suit claims damages, any fact that helps the court work out the proper sum to award is relevant.

Under the Adhiniyam, a party does not only bring facts to show that a wrong happened. The party can also bring any fact that enables the court to decide the amount that ought to be awarded in that suit.

When Section 10 BSA Applies

  • A party brings a suit where damages are claimed.
  • A party offers a fact that helps the court work out the sum of damages.
  • The court has to decide the sum of damages that ought to be awarded.

Example of Section 10 BSA

In October 2024, Priya files a suit in a court in Kochi claiming damages from Farhan after water from a burst pipe floods a cloth shop. To help the court work out the sum of damages that ought to be awarded, Priya produces stock records showing the value of the cloth ruined by the water. That stock value directly helps the court decide the amount to award in the suit. Under Section 10 BSA, the fact of the value of the ruined cloth is relevant to determining the damages in the suit brought by Priya.

Section 10 BSA in the IEA (Previous Law)

Section 10 BSA replaces Section 12 IEA from the old criminal code.

Section 12 of the Indian Evidence Act, 1872 became Section 10 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024 without any change in wording. The heading now reads "Facts tending to enable Court to determine amount are relevant in suits for damages".

FAQs on Section 10 BSA

What is Section 10 BSA?▼

Section 10 of the Bharatiya Sakshya Adhiniyam, 2023 is the rule that applies in suits where damages are claimed. It makes any fact relevant if that fact helps the court work out the sum of damages that ought to be awarded.

Can a party bring facts showing the size of a loss under Section 10 BSA?▼

Yes. In any suit where a party claims damages, Section 10 BSA makes a fact relevant when that fact enables the court to work out the amount of damages that ought to be awarded.

Does Section 10 BSA set a fixed cap or formula for awarding damages?▼

No. Section 10 BSA does not fix a formula or limit for compensation. The rule only makes facts relevant when they help the court decide the sum of damages that ought to be awarded.

What is Section 10 BSA in IEA?▼

Section 12 IEA is the earlier provision that became Section 10 BSA on 1 July 2024 without any change in the wording of the rule. Only the heading was rearranged to put the reference to suits for damages at the end.

Have questions about Section 10 BSA?

Ask NyayGuru for a plain language explanation, or how it applies to your situation.

Ask NyayGuru →

Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Sakshya Adhiniyam, 2023 ·